Changes from report parliamentary committee draft to plenary report

RemovedArticle 3 – paragraph 1 – subparagraph 2 – point c: (c) an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b) of this subparagraph, including those outlined in the integrated national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999; and

Added(e) renovation passports;

RemovedArticle 3 – paragraph 1 – subparagraph 2 – point d: (d) an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation, including those outlined in national energy and climate plans notified to the Commission pursuant to Article 3 of Regulation (EU) 2018/1999.

Added(f) national building renovation plans;

RemovedArticle 3 – paragraph 1 – subparagraph 2 – point d a (new): (da) a roadmap on the reduction of energy poverty comprising of nationally established targets and an overview of implemented and planned policies and funding measures with a view to reducing and eliminating energy poverty;

Added(g) sustainable mobility infrastructure in and adjacent to buildings; and

RemovedThe social dimension of EU energy policy has been recognised since 2016. The Fit for 55 package introduces a social climate fund through a Regulation (COM(2021) 568 final) and a definition of energy poverty through the energy efficiency directive (COM(2021) 558 final) and this Directive contains specific provisions in Articles 9, 15 and 26. This amendment is hence inextricably linked to other admissible amendments.

Added(h) smart buildings;

RemovedArticle 3 – paragraph 1 – subparagraph 3: The roadmap referred to in point (b) shall include: / (a) national targets in accordance with the IPCC ratched-up mechanism and a 1,5-degree compliant EU WLC roadmap scenario to decarbonise the built environment, as regards to the annual energy renovation rate, rate of deep renovation, and WLC emissions for different building typologies; / (b) national targets for circular use of materials, recycled contents and secondary materials, and sufficiency every five years; / (c) the primary and final energy consumption of the national building stock; / (d) specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2035 and every five years thereafter; / (e) national phase-out plans for fossil fuel based technical building systems in existing buildings by 2035 at the latest; / (f) a pathway with numerical targets for the deployment of solar energy and heat pumps in buildings; / (g) national targets on the construction and refurbishment of district level heating and cooling systems in accordance with Article 11b aligned with the comprehensive heating and cooling assessment referred to in Article 23 of Directive (EU) …/... [recast Energy Efficiency Directive]; / (h) an evidence-based estimate of expected energy savings, GHG emission reductions, and wider benefits; / (i) estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant t…

Added(ha) nature-based solutions that reinforce the good use and adaptation of the public space surrounding the buildings with elements such as wood materials, greens roofs and facades and solutions that are inspired and supported by nature, which can simultaneously provide environmental, social and economic benefits and help build resilience;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(i) energy performance certification of buildings or building units;

RemovedArticle 3 – paragraph 1 – subparagraph 3 a (new): Member States shall submit their first building renovation plan using the template in Annex II in accordance with paragraph 2 of this Article and subject to the separate consultation in accordance with paragraph 3 of this Article.

Added(j) regular inspection of heating, ventilation and air-conditioning systems in buildings;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added(k) independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports;

RemovedArticle 3 – paragraph 2: 2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan together with its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024.

Added(ka) the indoor environmental quality performance of buildings.

RemovedArticle 3 – paragraph 3: 3. To support the development of its building renovation plan , each Member State shall carry out a public consultation on its draft building renovation plan prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners, including civil society and bodies working with vulnerable households. Each Member State shall annex a summary of the results of its public consultation to its draft building renovation plan and an explanation of how stakeholder positions have been incorporated.

Added3. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU. They shall be notified to the Commission.

RemovedArticle 3 – paragraph 4 – subparagraph 1 – point e a (new): (ea) the plans prioritise the worst-performing residential buildings;

AddedDefinitions

RemovedThis Directive introduce provisions in relation to worst performing buildings in Article 9, 15 and 16. The amendment is hence inextricably linked to other admissible amendments.

AddedFor the purpose of this Directive, the following definitions apply:

RemovedArticle 3 – paragraph 4 – subparagraph 1 – point e b (new): (eb) national and local authorities have access to technical assistance and technical support to facilitate the implementation of the plans.

Added1. ‘building’ means a roofed construction having walls, for which energy is used to condition the indoor environment;

RemovedThe amendment is inextricably linked to other admissible amendments.

Added2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annexes I and III, which contributes to the optimisation of the energy system through demand-side flexibility, where any very low residual amount of energy still required is fully covered by energy from:

RemovedArticle 3 – paragraph 5: 5. At each revision, Member State shall take due account of any recommendations from the Commission in its final building renovation plan. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide a justification to the Commission and make public its reasons.

Added(a) renewable sources generated or stored on-site;

RemovedArticle 3 – paragraph 6: 6. Every five years, each Member State shall submit its building renovation plan to the Commission, using the template in Annex II. Each Member State shall submit its building renovation plan along with its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 2024 and final plans by 30 June 2025

Added(b) renewable sources generated nearby off-site and delivered through the gridin accordance with Directive (EU) 2018/2001 [amended RED];

RemovedArticle 3 a (new): Article 3 a / An integrated district approach to building renovation / 1. Member States shall empower regional and local authorities to identify districts to roll-out integrated renovation programmes (IRPs) at district level. Such programmes shall encompass energy, mobility, social infrastructures and patterns, green infrastructures, waste and water management and other aspects of urban planning to be considered at a district level and shall draw from local and regional resources, including materials, also with a view to circularity and sufficiency. / 2. Member States shall carry out the comprehensive heating and cooling assessments and plans required pursuant to Article 14(1) of Directive 2012/27/EU by 1 January 2025, and include in those assessment the refurbishment or construction of efficient heating and cooling systems in accordance with Article 24 of Directive (EU) …/... [recast EED], the required infrastructure, as well as installations and infrastructures of renewable energy communities in their district level IRPs. / 3. Member States shall implement local level integrated mobility plans and Sustainable Urban Mobility Plans that are aligned with IRPs and encompass public transport planning and deployment with other means of active and shared mobility, as well as the related infrastructure for operating, recharging, storing and parking. / 4. Member States shall empower regional and local authorities to set up district level one-stop-shops pursuant to Article 26 of this…

Added(c) a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED]; or

RemovedThis Directive requires Member States to set up national building renovation strategies (Article 3) and introduces the ZEB standard requiring any residual energy needs to be met through on-site or nearby renewables, notably energy communities or district heating systems (DHS), Article 7, Annex III. Renovation strategies, access to energy communities and DHS are often organised at district level, and one-stop-shops (Article 26), too. As required since the previous revision, a district approach (Article 25) is hence introduced through this Article.

Added(d) renewable energy and waste heat from an efficient district heating and cooling system within the meaning of Directive (EU) .../.... [recast EED], in accordance with the requirements set out in Annex III;

RemovedArticle 5 – paragraph 1 – subparagraph 1: 1. [Member States shall take the necessary measures to ensure that mandatory minimum energy performance requirements for buildings or building units are set with a view to at least achieving cost-optimal levels and higher reference values in line with zero-emission buildings requirements. The energy performance shall be calculated in accordance with the methodology referred to in Article 4.] [Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in Article 6.]

Added3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

RemovedThe concept of “cost optimality” is insufficiently framed in this Directive and the empowerment should also be subject to review. The co-legislators should consider anchoring in the legislative act other general principles framing this concept.

Added3a. ‘worst performing building’ means a building classified in energy performance classes E, F or G;

RemovedArticle 5 – paragraph 1 – subparagraph 2: [Member States shall take the necessary measures to ensure that minimum energy performance requirements and renovation obligations are set for all building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving at least cost-optimal levels.]

Added3b. ‘passive system’ means a design principle or a building element that maintains or improves energy performance or one or more indoor environment parameters with no assistance from an energy source;

RemovedThe concept of “cost optimality” is insufficiently framed in this Directive and the empowerment should also be subject to review. The co-legislators should consider anchoring in the legislative act other general principles framing this concept.

Added4. ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement as part of a wide renovation plan for a building stock or at a trigger point on the market (sale or rent), in a period of time or by a specific date, in line with the energy efficiency first principle, thereby triggering renovation of existing buildings;

RemovedArticle 5 – paragraph 1 – subparagraph 4: Those requirements shall take account of the need for appropriate indoor environmental quality conditions, as well as local conditions and the designated function and the age of the building.

Added4a. ‘energy efficiency first’ means energy efficiency first as defined in Article 2, point (18), of Regulation (EU) 2018/1999;

RemovedThe broader notion of environmental quality rather than indoor climate conditions is intrinsically linked to the definition in Article 2 and other provisions in the legislative part of this Directive.

Added5. ‘public bodies’ means public bodies as defined in Article 2, point (10), of Directive (EU) .../... [recast EED]; 6. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, electrically operated solar shading, electrical installations, electric-vehicles charging stations, on-site renewable energy generation and storage, or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;

RemovedArticle 5 – paragraph 1 – subparagraph 5: Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall, if necessary, update them in order to reflect technical progress in the building sector, [the results of the cost-optimal calculation set out in Article 6,] and updated national energy and climate targets and policies.

Added6a. ‘demand-side flexibility’ means the capacity of active customers to react to external signals and adjust their energy generation and consumption, individually or through aggregation, in a dynamic time-dependent way, which may be provided by smart, decentralised energy resources, including demand management, energy storage, and distributed renewable generation, to support a more reliable, sustainable and efficient energy system;

RemovedThe concept of “cost optimality” is insufficiently framed in this Directive and the empowerment should also be subject to review. The co-legislators should consider anchoring in the legislative act other general principles framing this concept.

Added6b. ‘cooling system’ means a combination of passive and active components required to provide a form of indoor air treatment by which the temperature is lowered;

RemovedArticle 5 – paragraph 2: 2. Member States may decide to adapt the requirements referred to in paragraph 1 to buildings officially protected as part of a designated environment or because of their special architectural or historical merit, once those buildings have reached at least EPC class D, and only in so far as compliance with further minimum energy performance requirements would unacceptably alter their character or appearance.

Added6c. ‘electrical installation’ means a system composed of fixed components, including switchboards, electrical cables, earthing systems, sockets, switches and light fittings, which have the purpose of distributing electrical power within a building to all points of use or transmit electricity generated on-site;

RemovedArticle 6 – title: [Calculation of cost-optimal levels of minimum energy performance requirements]

Added6d. ‘system efficiency’ means the selection of energy-efficient solutions which enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use of resources;

RemovedThe concept of “cost optimality” is insufficiently framed in this Directive and the empowerment should also be subject to review. The co-legislators should consider anchoring in the legislative act other general principles framing this concept.

Added6e. 'ventilation system’ means a combination of components required to provide a renewal of indoor air by outdoor air;

RemovedArticle 7 – paragraph 1 – subparagraph 1 – point a: (a) from 1 January 2025, new buildings occupied, operated or owned by public authorities; and

Added7. ‘building automation and control system’ means a system comprising all products, software and engineering services that can support energy efficient, economical and safe operation of technical building systems through automatic controls and by facilitating the manual management of those technical building systems;